The proposed bill seeks to amend the Code of West Virginia by introducing a new section, designated 15-1B-1a, known as the "Defend the Guard Act." This legislation stipulates that members of the West Virginia National Guard cannot be released from state control to engage in active-duty combat unless there is an official declaration of war or a specific action taken by the United States Congress to call forth the state militia. The bill emphasizes the constitutional authority of Congress over war powers and outlines the definitions of "active duty combat" and "official declaration of war."

Additionally, the bill asserts that the Governor must ensure compliance with these requirements, reinforcing the legislative intent to limit the deployment of the National Guard without congressional approval. The findings section of the bill references historical perspectives from key figures such as George Washington, James Madison, Thomas Jefferson, and Alexander Hamilton, highlighting the importance of legislative oversight in matters of war. Overall, the bill aims to restore the constitutional balance of power regarding military engagement.

Statutes affected:
Introduced Version: 15-1B-1a